SECRETARY Vs. CHERIAN KURIAN

JUDGEMENT

(1.) Op (CAT) No.524/2012 is filed by one Cherian Kurian, who was the Asst. Regional Director of Employees' State Insurance Corporation ('ESI Corporation', for short), Bangalore, is the applicant in OA No.538/2011 on the file of the Central Administrative Tribunal ('Tribunal' for short), Ernakulam Bench. OP(CAT) No.3686/2011 is filed by the Secretary, Labour and Employment, Government of India and others, who were the respondents in aforesaid OA No.538/2011. Both the petitions arise from the same Order.

(2.) It was alleged that, Cherian Kurian while working as Asst. Regional Director of ESI Corporation, Bangalore intentionally and with mala fide intention reduced the amount of contribution dues from Rs.1,47,581/- to Rs.7,145/- in respect of M./s.Laxmi Boilers (South) Pvt. Ltd. by ignoring the interest of the ESI Corporation exhibiting lack of integrity and devotion to duty, consequent to which Annexure-A2 charge was framed against him for his alleged conduct unbecoming of an employee of the ESI Corporation, violating Rule 3(1) of Central Civil Services (Conduct) Rules, 1964 read with Regulation 23 of the ESIC (Staff and Condition of Service) Regulations, 1959.

(3.) Disciplinary proceedings were initiated against him and the enquiry authority vide report dated 17.9.2003 exonerated him from all the charges. However, the disciplinary authority disagreed with the report of the enquiry authority and a disagreement memo was issued to the applicant on 31.3.2005. After granting him opportunity to file objections and hearing him, a punishment of censure was imposed on him on 25.6.2005. The statutory appeal filed by him was dismissed on 15.5.2008 and thereafter, a revision filed by him too was not entertained.